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HomeMy WebLinkAbout2018-01-16 CC MIN ( ~ Ilwater 216 4th Street N,Stillwater, MN 55082 651-430-8800 The Birthplace of Momesota www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES January 16, 2018 REGULAR MEETING 7:00 P.M. DESIGNATION OF TEMPORARY VICE MAYOR City Clerk Ward explained that due to the absence of the Mayor and Vice Mayor,a temporary Vice Mayor must be designated. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to designate Councilmember Junker as Temporary Vice Mayor. All in favor. Temporary Vice Mayor Junker called the meeting to order at 7:04 p.m. Present: Councilmembers Menikheim,Weidner,Temporary Vice Mayor Junker Absent: Councilmember Polehna and Mayor Kozlowski Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Temporary Vice Mayor Junker led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of January 2. 2018 regular and recessed meeting Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the January 2, 2018 regular and recessed meeting minutes.All in favor. PETITIONS,INDIVIDUALS,DELEGATIONS&COMMENDATIONS There were no petitions, individuals, delegations or commendations. OPEN FORUM Bill Howe, on behalf of the Lakes at Stillwater, thanked public safety responders for their emergency response last week to assist a member of the construction team. Roger Tomten, 718 South 5th Street, representing Sustainable Stillwater and Friends of Stillwater Trails,updated the Council on upcoming activities of the groups,and requested a workshop. City Council Meeting January 16, 2018 STAFF REPORTS Community Development Director Turnblad reminded the Council of the 6:30 p.m.Tuesday, January 23, Council work session with the Planning Commission and the Comprehensive Plan Advisory Committee. Public Works Director Sanders informed the Council that tomorrow crews would begin removing snow in the downtown area. He also updated the Council on the DNR/White Bear Lake Court Case. One of the implications of the court order is that when the level of White Bear Lake is below 923.5',there needs to be a residential watering ban that includes the City of Stillwater.The Water Board has met a few times to discuss options; and Councilmember Weidner requested a report from the Water Board about what they plan to do about the situation and requested that the Water Board be invited to the Council's next work session in two weeks. CONSENT AGENDA Resolution 2018-017, Directing the Payment of Bills Resolution 2018-018, approving 2018 special event contract Cruisin' on the Croix Possible approval of 26th Annual Bocce Ball Tournament- February 17, 2018 - Brines Resolution 2018-019, appointment to Downtown Parking Commission Possible approval to purchase tractor and backhoe - Public Works Possible approval of sanitary sewer adjustments Councilmember Weidner asked to pull the possible approval of sanitary sewer adjustments from the Consent Agenda. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt the Consent Agenda with the exception of the possible approval of sanitary sewer adjustments. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None Possible approval of sanitary sewer adjustments Councilmember Weidner acknowledged a letter from a resident expressing dissatisfaction after meeting with the Water Department about a sanitary sewer issue. City Attorney Magnuson explained that the property owner complained to the Water Board about what they felt was an excess amount of gallons of water pumped.Water Department staff checked the gauges and felt they are very accurate and that a leak was causing the high water usage.The homeowner appealed to the Water Board and the Board declined to adjust the bill, but proposed to allow almost a year to pay the delinquent charges. There is no avenue to appeal that to the City Council. The only avenue for appeal is District Court. Councilmember Weidner stated he finds it interesting to compare the adjustments requested in the Consent Agenda versus the other one,which was denied. Motion by Councilmember Menikheim,seconded by Temporary Vice Mayor Junker,to approve the sanitary sewer adjustments. Councilmember Weidner stated he would like to know the difference between the situations that was denied versus those up for approval. He feels the separation between the Water Page 2 of 7 City Council Meeting January 16, 2018 Board and the rest of the City seems archaic and out of touch. He would like more information on what qualifies for an adjustment. Councilmember Menikheim rescinded his motion to approve the sanitary sewer adjustments, and the seconder to the previous motion, Temporary Vice Mayor Junker, agreed. Motion by Councilmember Menikheim,seconded by Temporary Vice Mayor Junker,to table the possible approval of sanitary sewer adjustments to the January 30 meeting. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None PUBLIC HEARINGS Case No.2 1 17-62.A .ublic hearin• t. consider . re. es . Br.w ' Cr--k W-st L C .ro left owner, for a Conditional Use Permit (CUP) and Variances to build a new residential condominium at the property located at 107 Third Street North in the CBD district(tabled from January 2, 2018 meeting). Community Development Director Turnblad reviewed that Jon Whitcomb, Brown's Creek West LLC,has applied for a variance necessary for the construction of a condo building.The applicant is requesting a 10' variance to the 35' maximum height for a 45' freestanding building located in the Central Business District Blufftop District. While the applicant's request is for a 43.5' tall building, the applicant's measurement of the average elevation is not consistent with the City's interpretation of the average elevation of the building.Written concerns were received from seven residents. The Planning Commission, finding that practical difficulty has not been established for the 10' increase in height, recommended denial of the height variance,with prejudice. Their basis for the denial was the application is not in harmony with the general purposes of the Zoning Code, is not consistent with the Comprehensive Plan, and has not established practical difficulty for the addition of the fourth story; staff recommends denial of the height variance. Temporary Vice Mayor Junker opened the public hearing. Jon Whitcomb, applicant, 12950 75th Street, asked for clarification regarding whether the Council is being asked to review the height or the full project. Mr. Turnblad replied the Council is being asked to address the height variance only.The rest of the project was acted on by the Planning Commission,which denied the use permit and setback variances.There is a 10-day appeal window, so if the Council approves the height variance, Mr. Whitcomb could appeal the other denials immediately. Councilmember Weidner asked about the implications if the Council denies the height variance; and Mr. Turnblad stated the appeal of a denial of a height variance would be to District Court, but an appeal of the Planning Commission denials would be to the City Council. Mr. Whitcomb stated he would prefer to have the project reviewed by the full council. He suggested tabling the case to the next meeting. Regarding the proposed fourth floor, he explained that one of the challenges and benefits of the site is its topography. Developers took over a year to come up with the best possible design, incorporating underground Page 3 of 7 City Council Meeting January 16, 2018 parking in consideration of the City's need for developments to provide their own parking. Underground parking became an extraordinary part of project costs. The way to defer that is to add a living area above. He feels this is reasonable because the portion of the building that is requested to have the fourth floor is outside of the area that has the overlay district. He would like to table it to work with City staff to come up with something that might be more appealing. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to continue the public hearing on the height variance,as well as the appeal to the Planning Commission denials, to February 20 at 7 p.m. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None UNFINISHED BUSINESS Case No. 2017-61. Reconsideration of a Preliminary Plat for West Ridge and any Variances related thereto and possible approval of second reading of Ordinance 1099, an ordinance amending the Stillwater City Code Section 31-300 Entitled Establishment Of Districts by rezoning approximately five acres to RA.Single Family Residential. Community Development Director Turnblad stated that the Council considered the preliminary plat and rezoning request for this project on January 2, 2018. The first reading of the rezoning ordinance was approved. Though the preliminary plat was found satisfactory, the dead-end street layout was not. Therefore, the Council denied the preliminary plat with unanimous direction to revise the street layout so that neither snowplows nor large fire equipment would have to back up to drive out of the subdivision. The revision has been made and found acceptable to both the Public Works Director and the Assistant Fire Chief.The dead end is now a modified cul-de-sac with the potential for future extension to the east. The developer is requesting the following: 1) approval of the second reading, and adoption of the ordinance rezoning the property to RA, Single Family Residential and 2) approval of the revised preliminary plat for West Ridge. Motion by Councilmember Weidner, seconded by Temporary Vice Mayor Junker, to approve Resolution 2018-020, a resolution approving the preliminary plat for West Ridge, Case No. 2017-61,with 18 conditions recommended by staff. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None Motion by Councilmember Menikheim, seconded by Temporary Vice Mayor Junker, to adopt second reading of Ordinance No. 1099, an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to RA, Single Family Residential. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None Page 4of7 City Council Meeting January 16, 2018 Possible approval of second reading of Ordinance 1100, an ordinance amending the Stillwater City Code Section 31-300 Entitled Establishment Of Districts by rezoning approximately five acres to TR, Traditional Residential. Case No. 2017-56 -Nottingham. Motion by Councilmember Weidner, seconded by Temporary Vice Mayor Junker, to adopt second reading of Ordinance 1100, an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to TR, Traditional Residential. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None Possible approval of second reading of Ordinance 1101, an ordinance amending the Stillwater City Code Chapter 31.entitled Zoning Ordinance by amending regulations for Short Term Home Rentals. Motion by Councilmember Weidner,seconded by Councilmember Menikheim,to adopt second reading of Ordinance 1101, an ordinance amending the Stillwater City Code Chapter 31 entitled Zoning Ordinance by amending regulations for Short Term Home Rentals. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None NEW BUSINESS Possible award of Construction Management and Design for St. Croix Recreation Center project Community Development Director Turnblad informed the Council that design work for the St. Croix Valley Recreation Center expansion project is underway. The City received three proposals for Construction Management services.Staff recommends hiring Kraus-Anderson for the project. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to award the contract for Construction Management and Design for St. Croix Recreation Center to Kraus- Anderson. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None Possible approval of Lakeview Hospital's amendment to Special Use Permit Community Development Director Turnblad stated that Lakeview Hospital has requested an amended Special Use Permit for: 1) the replacement of the rooftop fluid cooler with an 18' tall cooling tower located near the southern portion of the building, which has already been installed;and 2)the replacement of two-rooftop air handling units on the clinic portion of the facility. The tower replaced equipment that was noisier, which met requirements at property lines but was bothering patients of the hospital. The proposed HVAC units on the clinic portion will be somewhat narrower, but taller, and quieter. The residents across the street are concerned about noise and screening, so Lakeview will work on some screening options, which may involve ground level landscaping. The Planning Commission recommends conditional approval with screening. Staff finds that with certain conditions, Page 5 of 7 City Council Meeting January 16, 2018 Case No. 2017-66 conforms to the standards set forth for Special Use Permits,and therefore recommends approval the requested rooftop mechanical improvements for Lakeview Hospital, 927 Churchill Street West,with seven conditions. Councilmember Weidner asked why the case is before the Council; and Mr. Turnblad responded that it is a change to the exterior, related to the SUP, and is in a residential neighborhood. Lakeview will propose screening and City staff will talk with the neighbor and ask them if they think it will be satisfactory. If there is mutual agreement,the issue will be handled administratively; if not, it will return to the Council. Motion by Councilmember Menikheim, seconded by Temporary Vice Mayor Junker, to adopt Resolution 2018-021, a resolution approving an amendment to the Special Use Permit for Lakeview Hospital allowing installation of rooftop mechanical equipment, Case No. 2017-66. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None Possible approval of 2018 Fee Schedule City Administrator McCarty presented the proposed 2018 fee schedule, including a proposed fee schedule for events. Councilmember Weidner stated that he is not comfortable with the event fees, since the Council has not completed the Event Policy yet. He would prefer the Event fees be part of the Event Policy.Mr.McCarty responded that the Council could approve all fees as presented except Event fees. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt a resolution adopting 2018 Fee Schedule,with the exception of the proposed events fees. Councilmember Weidner rescinded his motion and and the seconder to the previous motion, Councilmember Menikheim, agreed. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2018-022,resolution adopting 2018 Fee Schedule,with the exception of proposed Event Fees. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS Temporary Vice Mayor Junker stated he has heard a couple of neighborhood complaints and would like to direct staff and Council to consider them. One situation involves an extremely bright floodlight on a house that shines directly into their neighbor's home. He would like to provide direction to staff to move forward with some type of residential lighting ordinance. Page 6 of 7 City Council Meeting January 16, 2018 The other issue involves vehicles idling in their driveway causing pollution into the neighbor's home; and City Attorney Magnuson stated he would review the situation. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE PURSUANT TO MN STAT.SEC. 13D.05 (121 CHESTNUT ST E) Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adjourn the meeting to closed session at 8:35 p.m. Ayes: Councilmembers Menikheim,Weidner and Temporary Vice Mayor Junker Nays: None David J ker,Temp rary Vice Mayor ATTEST:}} Diane F.Ward, City Clerk Resolution 2018-017, Directing the Payment of Bills Resolution 2018-018,approval of 2018 special event and contract Cruisin' on the Croix Resolution 2018-019, appointment to Downtown Parking Commission Resolution 2018-020,a resolution approving the preliminary plat for West Ridge, Case No. 2017-61 Resolution 2018-021, a resolution approving an amendment to the Special Use Permit for Lakeview Hospital allowing installation of rooftop mechanical equipment, Case No. 2017-66 Resolution 2018-022, resolution adopting 2018 Fee Schedule Ordinance No. 1099, an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to RA, Single Family Residential Ordinance No. 1100, an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately five acres to TR, Traditional Residential Ordinance No. 1101, an ordinance amending the Stillwater City Code Chapter 31 entitled Zoning Ordinance by amending regulations for Short Term Home Rentals Page 7 of 7